MISSISSIPPI LEGISLATURE

2024 Regular Session

To: Workforce Development; Appropriations A

By: Representative Carpenter

House Bill 1032

AN ACT TO AMEND SECTION 71-5-507, MISSISSIPPI CODE OF 1972, TO REVISE THE DURATION OF UNEMPLOYMENT COMPENSATION BENEFITS; TO BRING FORWARD SECTION 71-5-503, MISSISSIPPI CODE OF 1972, FOR THE PURPOSE OF POSSIBLE AMENDMENT; AND FOR RELATED PURPOSES.

     BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

     SECTION 1.  Section 71-5-507, Mississippi Code of 1972, is amended as follows:

     71-5-507.  * * *Any otherwise eligible individual shall be entitled during any benefit year to a total amount of regular benefits equal to twenty‑six (26) times his weekly benefit amount or one‑third (1/3) of his total wages for insured work paid during his base period, whichever is the lesser.  Provided, that for a benefit year effective prior to October 1, 1983, if such total amount of benefits is not a multiple of One Dollar ($1.00), it shall be computed to the next higher multiple of One Dollar ($1.00); and for a benefit year effective on or after October 1, 1983, if such total amount of benefits is not a multiple of One Dollar ($1.00), it shall be computed to the next lower multiple of One Dollar ($1.00).  An individual's total amount of regular benefits as determined at the beginning of his benefit year shall constitute his total amount of regular benefits throughout such benefit year. (1)  The maximum number of weekly benefits a claimant may be eligible for in a benefit year shall depend on the average, seasonally adjusted unemployment rate for the state for the three (3) months preceding the month in which they file their first claim of a benefit year.  The following defines the maximum number of weekly benefits available based upon the average statewide unemployment rate as determined by the department according to subsection (2) of this section:

          (a)  When the average unemployment rate is five percent (5%) or less, twelve (12) times the weekly benefit amount.

          (b)  When the average unemployment rate is more than five percent (5%) but not more than five and one-half percent (5.5%), thirteen (13) times the weekly benefit amount.

          (c)  When the average unemployment rate is more than five and one-half percent (5.5%) but not more than six percent (6%), fourteen (14) times the weekly benefit amount.

          (d)  When the average unemployment rate is more than six percent (6%) but not more than six and one-half percent (6.5%), fifteen (15) times the weekly benefit amount.

          (e)  When the average unemployment rate is more than six and one-half percent (6.5%) but not more than seven percent (7%), sixteen (16) times the weekly benefit amount.

          (f)  When the average unemployment rate is more than seven percent (7%) but not more than seven and one-half percent (7.5%), seventeen (17) times the weekly benefit amount.

          (g)  When the average unemployment rate is more than seven and one-half percent (7.5%) but not more than eight percent (8%), eighteen (18) times the weekly benefit amount.

          (h)  When the average unemployment rate is more than eight percent (8%) but not more than eight and one-half percent (8.5%), nineteen (19) times the weekly benefit amount.

          (i)  When the average unemployment rate is more than eight and one-half percent (8.5%), twenty (20) times the weekly benefit amount.

     (2)  In calculating the average unemployment rate for the purpose of determining benefit duration in subsection (1), the department shall use publicly reported, seasonally adjusted unemployment rate figures for the state.  On a monthly basis, the department shall publish on its website the average unemployment rate and the amount of weekly benefits available for claimants who file an initial claim for unemployment benefits in that month.

     SECTION 2.  Section 71-5-503, Mississippi Code of 1972, is brought forward as follows:

     71-5-503.  An individual's weekly benefit amount for a benefit year shall be one-twenty-sixth (1/26) of his total wages for insured work paid during that quarter of his base period in which such total wages were highest, computed to the next lower multiple of One Dollar ($1.00), if not a multiple of One Dollar ($1.00).

     On or before June 15 of each year, the total wages reported on contribution reports for the preceding calendar year shall be divided by the average monthly number of insured workers (determined by dividing the total insured workers reported on contribution reports pursuant to the regulations of the department for the preceding year by twelve (12)).  The average annual wage thus obtained shall be divided by fifty-two (52) and the average weekly wage thus determined rounded to the nearest cent.  Sixty percent (60%) of this amount, rounded to the nearest dollar, shall constitute the maximum "weekly benefit amount" paid to any individual whose benefit year commences on or after July 1 of such year and prior to July 1 of the next following year; provided however, that the maximum weekly benefit amount shall not exceed Two Hundred Ten Dollars ($210.00) for any benefit year that begins on or after July 1, 2002, and shall not exceed Two Hundred Thirty Dollars ($230.00) for any benefit year that begins on or after July 1, 2008, and shall not exceed Two Hundred Thirty-five Dollars ($235.00) for any benefit year that begins on or after July 1, 2009.  The minimum weekly benefit amount for the individual shall be Thirty Dollars ($30.00).  If an individual's weekly benefit amount would compute to less than the said minimum, then such individual would be entitled to no benefits.

     An individual's weekly benefit amount, as determined at the beginning of his benefit year, shall constitute his weekly benefit amount throughout such benefit year.

     The Mississippi Department of Employment Security, with the assistance of the United States Department of Labor, is directed to generate actuarially sound models for computation of weekly benefit amounts.  Such models shall include scenarios for increasing the weekly benefit amounts at each increment from the minimum to the maximum amount and the impact such increments would have on the Unemployment Compensation Fund.  Such report shall be provided to the Mississippi Legislature on or before December 31, 2008.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2024.